Contempt of Court | High Court orders personal appearance of Principal GMC

Directs to deposit Rs 50 lakh as payment of service benefits to retired employee
 J&K High Court, Srinagar
J&K High Court, SrinagarMubashir Khan/GK File

Srinagar: The High Court of J&K and Ladakh Tuesday asked the principal of the Government Medical College (GMC), Srinagar to appear in person before it on September 15 in case of failure to pay service benefits of an employee who retired from service on May 31, 2003.

A bench of Justice Ali Muhammad Magrey also asked the principal to deposit Rs 50 lakh with the court’s registry from the budget available for ensuring payment of service benefits to the petitioner, Abdul Rashid Wani, a former employee of the college.

“The petitioner, a litigant before this court, is not getting the benefit of the judgment, which has attained finality after the dismissal of the Letters Patent Appeal and Special Leave Petition filed by the respondents,” the court said while hearing a contempt plea.

It said that the principal of GMC Srinagar was unnecessarily delaying the implementation, which amounts to further contempt of the court.

The court said that it was not understood as to why the principal was not implementing the judgment by which Wani was held entitled to the service benefits after the order of his termination was quashed by the court.

“These benefits are to be worked out by the Principal GMC, Srinagar, itself, as there is a clear-cut direction from the government but there are no reasons supplied as to why the principal GMC is not implementing the order or judgment,” the court said.

It said that before proceeding further it had become necessary to ask the principal to work out the petitioner’s entitlement by utilising the services of accounts and administrative section of the college by associating Wani as well.

“The exercise should be undertaken and completed within three weeks from today and during this period, all the benefits should be released in favour of the petitioner, as directed by this court,” the bench said. “In the event the benefits are not released in favour of the petitioner and case of the petitioner not finalised, principal of GMC, Srinagar, should deposit an amount of Rs 50 lakh with the registry of this court from the budget available for ensuring payment of service benefits to the petitioner.”

The court said that the principal should also remain present in person before the court along with the officers of the accounts and administrative section with relevant records on September 15, the next date of hearing.

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